Kansas Statutes
Article 30 - Real Estate Brokers And Salespersons
58-3077 Commercial real estate; sharing commissions with unlicensed persons, when authorized.

58-3077. Commercial real estate; sharing commissions with unlicensed persons, when authorized. (a) As used in this section:
(1) "Commercial real estate" means any real estate for which the present use is other than (A) one to four residential units or (B) for agricultural purposes.
(2) "Foreign licensee" means a real estate licensee, in good standing of another state or country.
(3) Words and phrases used in this section have the meanings ascribed thereto in K.S.A. 58-3035, and amendments thereto.
(b) A branch broker or supervising broker may cooperate with and share commissions or other compensation for services related to commercial real estate with a foreign licensee and such foreign licensee shall be permitted to perform services requiring a license under K.S.A. 58-3034 et seq., and amendments thereto, with respect to commercial real estate in this state even though such foreign licensee is not licensed thereunder if:
(1) The real estate is not improved with a single family residence; and
(2) the foreign licensee agrees to cooperate with a branch broker or supervising broker of this state in any commercial real estate transaction, as evidenced by execution of and compliance with a broker cooperation agreement which shall include, but not be limited to, provisions requiring:
(A) The foreign licensee to comply with all applicable laws and regulations of this state;
(B) the foreign licensee to submit to the jurisdiction of the courts of this state, the jurisdiction of the Kansas real estate commission and the applicability of the laws and regulations of this state for the conduct of the foreign licensee with respect to commercial real estate and any and all claims related thereto;
(C) the foreign licensee to give its written irrevocable written consent to service of process upon such foreign licensee by valid service upon the secretary of state of this state and upon the secretary of state of the state or province of the foreign licensee's real estate licensure;
(D) all escrow funds, including but not limited to, earnest deposits and security deposits, concerning the commercial real estate to be held in this state either in the trust account of a Kansas-licensed branch broker or supervising broker or by a third-party escrow agent located in this state;
(E) a description of how any and all compensation earned on any commercial real estate transaction shall be shared between the foreign licensee and the branch broker or supervising broker of this state;
(F) the foreign licensee and the branch broker or supervising broker of this state to agree to each keep the other informed of all showings and negotiations for commercial real estate;
(G) the foreign licensee and the branch broker or supervising broker of this state to agree to furnish to the other copies of all documents related to any commercial real estate transaction required by Kansas law to be retained, including but not limited to, agency disclosure, offers, counter-offers, purchase and sale contracts, leases and closing statements.
(c) A copy of any broker cooperation agreement shall be provided to the commission within five business days of the execution thereof.
(d) The provisions of this section shall be a part of and supplemental to the Kansas real estate brokers' and salespersons' license act.
History: L. 2004, ch. 67, § 2; L. 2006, ch. 159, § 3; July 1.

Structure Kansas Statutes

Kansas Statutes

Chapter 58 - Personal And Real Property

Article 30 - Real Estate Brokers And Salespersons

58-3034 Title of act.

58-3035 Definitions.

58-3036 Licensure required.

58-3037 Exemptions.

58-3038 Licensure required for recovery of compensation for services; exceptions.

58-3039 Licensure; application; criminal history record check; qualifications; examination.

58-3040 Nonresident license.

58-3041 Restricted or conditioned license.

58-3042 License nontransferable; only individuals licensed; primary office; supervising broker.

58-3043 Granting or renewal of license; considerations of the commission; conviction of crime; effect of.

58-3044 Denial of license; hearing; incomplete applications.

58-3045 Expiration of license; renewal, fee; reinstatement and renewal of expired license, late fee.

58-3046a Licensure; educational requirements.

58-3046b Same; act supplemental to license act.

58-3047 Issuance of license; deactivation and reinstatement; termination of salesperson or associate broker, effect on license; duties of supervising broker and branch broker; effect of deactivation.

58-3048 Commission powers and duties.

58-3050 Refusal to grant or renew; revocation, suspension or restriction of license; censure of licensee; disciplinary actions; civil fines; aggravating circumstances; procedures; recovery of actual costs and attorney fees.

58-3056 Costs of hearing; assessment; itemization.

58-3058 Appeal of commission orders.

58-3060 Brokers; primary office and branch offices, requirements, notices to commission of certain changes or office closure; effect of office closure on affiliated licenses.

58-3061 Trust accounts.

58-3062 Prohibited acts.

58-3063 Fees.

58-3064 Injunction to enforce law.

58-3065 Penalties for violations; reporting of minor violations for prosecution not required.

58-3066 Recovery revolving fund; assessment of fees to maintain balance; payments; interest.

58-3067 Same; recovery from; limitations.

58-3068 Recovery revolving fund; use of moneys, limitations.

58-3069 Same; court order directing payment from, when; hearing; recovery limitation; attorney fees.

58-3070 Same; duties of commission in recovery actions; fees and expenses of counsel.

58-3071 Same; conditions on court order of directing payment.

58-3072 Same; payment from in settlement of claim; revocation of license until reimbursement of amount paid.

58-3073 Same; unlawful acts; penalty.

58-3074 Disposition of moneys received by commission; real estate fee fund.

58-3075 Severability clause.

58-3076 Referral fees, solicitation of; relocation benefits, threats to reduce or withhold; terminating or amending agency agreements.

58-3077 Commercial real estate; sharing commissions with unlicensed persons, when authorized.

58-3078 Residential real estate sales contract; required language; information regarding registration of persons convicted of crimes.

58-3078a Same; information regarding radon.

58-3079 Supervising broker; use of trade name.

58-3080 Licenses of certain licensees placed on inactive status, when, pending transactions.

58-3081 Suspension or revocation of certain licenses; effect on associated or employed licensees, pending transactions.

58-3082 Suspended, deactivated or revoked license; effect on commissions.

58-3083 Expiration or deactivation of certain licenses; notifications required, when.

58-3084 Expiration, suspension, deactivation or revocation of certain licenses; effect on pending closings.

58-3085 Limitations on advertising, when.

58-3086 Advertising; prohibitions; requirements of; information disclosed; filing of agreements.

58-30,101 Title of act; compliance.

58-30,102 Definitions.

58-30,103 Written agency agreements; written transaction brokerage agreements.

58-30,104 Termination of relationships.

58-30,105 Compensation.

58-30,106 Minimum requirements of seller's or landlord's agent.

58-30,107 Minimum requirements of buyer's or tenant's agent.

58-30,109 Brokerage firm acting as a transaction broker; affiliated licensees; designated agents; rules and regulations.

58-30,110 Real estate brokerage relationships.

58-30,111 Imputed knowledge.

58-30,112 Forms; rules and regulations.

58-30,113 Transaction broker; obligations of; disclosure of information.